2 plead guilty to cutting down tree that killed baby birds when it fell

April 20, 2016

Updated April 21, 2016 7:57 a.m.

1 of 4

A black-crowned night heron, between two to three weeks old is one of the birds rescued from a construction site on East Balboa Boulevard at G Street in Newport Beach. A demolition crew knocked down a ficus tree holding the nests of several egrets and herons in May 2015. SAM GANGWER , REGISTER FILE PHOTO

1 of 4

Memorial for baby birds killed when construction crew chopped down a tree with nests in it was held at G Street and East Balboa Boulevard in Newport Beach on May 31, 2015. RICHARD KOEHLER , CONTRIBUTING PHOTOGRAPHER

1 of 4

A Black-crowned Night Heron, between two to three weeks old is one of the birds rescued from a construction site on East Balboa Boulevard at G Street in Newport Beach. A demolition crew knocked down a ficus tree holding the nests of several egrets and herons in May 2015. SAM GANGWER , REGISTER FILE PHOTO

A black-crowned night heron, between two to three weeks old is one of the birds rescued from a construction site on East Balboa Boulevard at G Street in Newport Beach. A demolition crew knocked down a ficus tree holding the nests of several egrets and herons in May 2015. SAM GANGWER , REGISTER FILE PHOTO

Two men who cut down a ficus tree in Newport Beach last year, causing several newborn birds to fall to their deaths, were sentenced to three’ years informal probation and 120 hours of community service Wednesday.

Stephen John Esser, 47, of Dana Point and David Stanley, 41, of Downey, both pleaded guilty to misdemeanor unlawful possession and destruction of bird nests and eggs and unlawful taking of migratory non-game birds.

The community service sentence was in lieu of 15 days in jail. Both men were also ordered to pay $14,000 in fines and restitution.

Esser and Stanley were employed with Tim Greenleaf Engineering and hired to cut down a tree in the 1500 block of Balboa Boulevard as part of a home demolition on May 28, 2015, said Jennifer Malone, a prosecutor with the Orange County District Attorney’s Office.

Several neighbors pleaded with the pair to not chop it down, saying the tree had several bird nests.

“It’s unlawful to destroy or take a nest and eggs of any bird,” Malone said. “They were given notice by the neighbors.”

Around eight or nine bird nests with snowy egrets and black-crowned night herons were housed in the tree. In the nests were nestlings, baby birds that did not know how to fly, and fledglings, birds just learning to fly. Snowy egrets and black-crowned night herons are not endangered but protected under federal law.

When the tree was cut down, 12 nestlings fell, including five that did not survive. The adult birds flew away. Bystanders immediately called authorities.

Amid the rubble, eight live baby egrets and one baby night heron were found and taken to the Wetlands and Wildlife Care Center of Orange County in Huntington Beach. They were treated and released at a park in Newport Beach six weeks later.

Calls to Tim Greenleaf Engineering were not immediately returned.

The incident prompted outrage. At least 75 people attended a memorial service for the birds in the days after.

User Agreement

Keep it civil and stay on topic. No profanity, vulgarity, racial
slurs or personal attacks. People who harass others or joke about
tragedies will be blocked. By posting your comment, you agree to
allow Orange County Register Communications, Inc. the right to
republish your name and comment in additional Register publications
without any notification or payment.